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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: What can be done to child support being paid to a mother who does nothing for her children?

A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2023

If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More

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1 Answer | Asked in DUI / DWI for Ohio on
Q: At my arraignment in the morning , is it best to plea guilty or not guilty for first dui
T. Augustus Claus
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answered on Nov 29, 2023

Pleading guilty to a first DUI in Ohio can have several benefits, including:

Reduced Sentence: You may be able to negotiate a reduced sentence with the prosecutor if you plead guilty. This could mean less jail time, a smaller fine, or fewer probation requirements.

Quicker...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If a kid has time with their dad and agrees to let the mom have the kid during his time can he later go back on the deal

If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully... View More

2 Answers | Asked in Criminal Law and Internet Law for Ohio on
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?

My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04

James L. Arrasmith
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answered on Nov 27, 2023

If your apartment was raided and your electronics were seized under a search warrant, it's understandable that you would want updates on your case. However, contacting the police officer directly may not be the best approach, especially if you are a suspect in the case. Police officers are... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Someone with my child’s school made an MUI report on me. I was not informed and now it’s being used against me in court

The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 25, 2023

This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: I am 25 and was stopped for speeding and had been drinking . This was my first DUI and my arraignment is in the morning

I’m currently not working , but should I plea not guiltily or guilty .

Patrick DiChiro
Patrick DiChiro
answered on Nov 24, 2023

I always recommend pleading not Guilty. The OVI is a high level misdemeanor. A first OVI carries 6 points on your license, which will definitely affect your insurance rates. You will also get a 1-3 year license suspension. So, this is something not to take lightly. It will have an impact on... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My brother n his wife are still married she lied to get a restraining order on him while he was in jail she took the kid

Across state lines with out him oking it.is this illegal

Todd B. Kotler
Todd B. Kotler
answered on Nov 24, 2023

Obviously, it's an abuse of process to swear out of false affidavit. Unfortunately, It is nearly impossible to get law enforcement to charge someone when it is connected to alleged domestic violence. Also, unfortunately for your brother, unless there are temporary orders in place regarding... View More

1 Answer | Asked in Internet Law for Ohio on
Q: Is AT&T Internet division subject to O.R.C. Section 1345.02 (Unfair or deceptive acts or practices) in arbitration?
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answered on Nov 23, 2023

Under Ohio law, specifically O.R.C. Section 1345.02, which deals with unfair or deceptive acts or practices, most businesses operating in the state, including AT&T's Internet division, are subject to these regulations. This law applies broadly to consumer transactions and is designed to... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: The mother of my kids drop them off with me and moved out of state what rights do I have
Todd B. Kotler
Todd B. Kotler
answered on Nov 23, 2023

Your rights are going to depend on your marital status with the mother. If you and mother were married, your rights are identical to hers. If you and mother are not married however. You ought to file a motion to establish your custody over the children. You may do this either petitioning the court... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Ohio on
Q: Can I bring a case against a VHA employee fir violation of My privacy if they are found to have violated HIPPA?
James L. Arrasmith
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answered on Nov 21, 2023

If you believe a Veterans Health Administration (VHA) employee has violated your privacy rights under HIPAA (Health Insurance Portability and Accountability Act), you do have options to address this violation. However, it's important to understand that HIPAA does not provide a direct... View More

1 Answer | Asked in Contracts for Ohio on
Q: I sold a puppy from my litter to a guy at work on a payment plan with no paperwork. Just his word now he’s not paying me
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answered on Nov 18, 2023

In Ohio, if you sold a puppy on a payment plan without any written agreement, and the buyer is now not making payments, your options for recourse can be limited due to the lack of formal documentation. However, the verbal agreement you had is still a contract, albeit harder to prove in court.... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: I do not full fill the Physical Presence Req due to I work onboard ships, can I still get a citizenship?

I'm a Green Card holder but do not full fill the Physical Presence Requirement due to I work onboard ships for a US based company.

I was previously denied due to that, can I get a citizenship with physical present requirement exemption due to my unique employment situation?

James L. Arrasmith
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answered on Nov 18, 2023

For U.S. citizenship, meeting the Physical Presence Requirement is typically a key criterion. However, in certain cases, exceptions can be made. Given that you work onboard ships for a U.S.-based company, this might be considered a special circumstance.

Typically, employment with a U.S....
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1 Answer | Asked in Small Claims for Ohio on
Q: I bought a car from my cousin and she won't give me title unless I pay more than agreed

I bought a car with written texts it was 2000 plus I had to pay to fix several things also in text, she made escuses on the title and 2 months later now is telling me I have to pay her 2000 more. Is there a way to fight this?

Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

File a complaint in small claims court for breach of contract and print out the texts and attach them as an exhibit. When referring to the contract make reference to the exhibit. Also be sure to show how you paid and how the cousin received the funds. Hiring an attorney would likely take every... View More

1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: Now that weed is legal in ohio can cps test for it
Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More

1 Answer | Asked in Education Law for Ohio on
Q: A family member has had her 2 children (ages 16 and 10), essentially housebound since the beginning of the pandemic

They both want to be in school in person, but she will not allow it due to unreasonable fears and mental health issues. What are their rights? Can the school district intervene?

Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

It is unlikely that the school district can intervene as long as the parent has properly filed to homeschool the children and is complying with the OAC regulations concerning testing and reporting. Are either child on an IEP? is there evidence either is failing to receive a Free and Appropriate... View More

2 Answers | Asked in Civil Litigation and Small Claims for Ohio on
Q: What needs to happen in order for a legal form to have been witnessed as delivered?

I've been asked by a friend to witness delivery of a legal form, and we'd both like to know what the legal process is to make sure I, as witness, can confirm delivery, or if there's an official that needs to be hired/present during the delivery of the form

T. Augustus Claus
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answered on Nov 16, 2023

For a legal form to have been witnessed as delivered, a witness must sign and date the form, acknowledging that they have seen the delivery to the intended recipient. The witness should also print their name and address on the form. In some cases, the witness may also be required to provide an... View More

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1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: I received a summons of HOA fees that I paid to our new Management company. The old management company is suing me

We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 15, 2023

You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.

I believe that...
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1 Answer | Asked in Probate for Ohio on
Q: My husband was the executor of his mother’s will. We received a check in her name can he cash it? We live in Ohio.
Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

Has your husband opened an estate for your late mother-in-law? If not, no. Even if an estate has been opened in probate court it will need to go into the estate's account. As executor, your husband has a duty to marshal his mother's estate assets and distribute them according to her... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Are we going to lose the house?

My great grandfather passed away over 10 years ago without a will. Assuming the next of kin would get the property my grandmother never did anything with the deed. She never put the house in her name or anything and has been staying there ever since. The property tax has been “exempt” because... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

Please get a hold of a real estate litigator in your town. It sounds like you need more advice than this forum can provide. Your question does not contain facts that are crucial to analyzing this issue. Has there been an action filed against the property owners? How was the property titled?... View More

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We live in Cleveland Ohio, Collinwood neighborhood, our neighbor has two dogs that bark nonstop at night

We've spoken to them but they don't fix the problem

James L. Arrasmith
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answered on Nov 12, 2023

Here are a few options you can consider to address the neighbor's barking dogs in Cleveland, Ohio:

- Contact your local animal control department. Persistent or excessive barking that disturbs the peace is prohibited under Cleveland city ordinances. Animal control can investigate,...
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